Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 119

Misbehaviour or incapacity

  (1)   The Governor - General may terminate the appointment of a member, other than a Judge or an assessor, if an address praying for the termination of the member's appointment on the ground of proved misbehaviour or of physical or mental incapacity is presented to the Governor - General by each House of the Parliament in the same session of the Parliament.

Termination for other reasons

  (2)   The Governor - General must terminate the appointment of a member, other than a Judge or an assessor, if the member:

  (a)   becomes bankrupt; or

  (b)   applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

  (c)   compounds with his or her creditors; or

  (d)   makes an assignment of his or her remuneration for the benefit of his or her creditors.

Retirement--incapacity

  (3)   The Governor - General may, with the consent of a member other than a Judge or an assessor who is:

  (a)   an eligible employee for the purposes of the Superannuation Act 1976 ; or

  (b)   a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or

  (c)   an ordinary employer - sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ;

retire the member from office on the ground of incapacity.

Retirement--invalidity--Superannuation Act 1976

  (4)   In spite of anything contained in this Act, a member who:

  (a)   is an eligible employee for the purposes of the Superannuation Act 1976 ; and

  (b)   has not reached his or her retiring age (within the meaning of that Act);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part   IVA of that Act) unless CSC has given a certificate under section   54C of that Act.

Retirement--invalidity--Superannuation Act 1990

  (5)   In spite of anything contained in this Act, a member who:

  (a)   is a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; and

  (b)   is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section   13 of that Act.

Retirement--invalidity--Superannuation Act 2005

  (6)   In spite of anything contained in this Act, a member who:

  (a)   is an ordinary employer - sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ; and

  (b)   is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section   43 of that Act.